Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               HB 401.1
  1                                                    HOUSE BILL NO. 401
  2                                                 INTRODUCED BY D. FERN
  3
  4    A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE LOAD SECURING LAW FOR VEHICLES
  5    HAULING TRASH ON PUBLIC HIGHWAYS; PROVIDING THAT A VIOLATION IS A MISDEMEANOR; AND
  6    AMENDING SECTION 61-8-370, MCA.”
  7
  8    BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
  9
 10            Section 1. Section 61-8-370, MCA, is amended to read:
 11            "61-8-370.    Securing of load -- requirement -- exemptions -- violation. (1) (a) A person operating a
 12    loaded vehicle on a public highway shall load the vehicle or secure the load suf f iciently to prevent littering or
 13    creating an obstruction dangerous to the public traveling on the highway.
 14            (b)      A load such as garbage, recyclable material, building materials, appliances, f urniture, or ref use
 15    of any kind that may create an obstruction dangerous to the public traveling on the highway must be covered
 16    and secured to prevent any of the load f rom dropping, shif ting, or otherwise escaping f rom the vehicle.
 17            (c)      A person operating a loaded vehicle on a public highway f rom which any object as described in
 18    subsection (1)(b) escapes shall:
 19            (i)      remove the object or cause it to be removed f rom the roadway when removal can be completed
 20    saf ely; and
 21            (ii)     if state or local resources are used to complete the removal, pay the cost of the removal as
 22    determined by the applicable roadway authority.
 23            (2)      The f ollowing vehicles are exempt f rom the provisions in subsection (1):
 24            (a)      a commercial motor vehicle that is operating in compliance with state and f ederal laws and
 25    requirements governing the securing of loads;
 26            (b)      a vehicle transporting processed or unprocessed agricultural products or inputs, including but
 27    not limited to f ertilizer, manure, and pesticides;
 28            (c)      a vehicle perf orming road maintenance; and
                                                                -1-                      Authorized Print Version – HB 401
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68th Legislature 2023                                                                                          HB 401.1
  1            (d)      a vehicle in a marked work zone."
  2            (3)      A person who violates the requirements of subsection (1) is guilty of a misdemeanor.
  3                                                         - END -
                                                             -2-                    Authorized Print Version – HB 401
Statutes affected: 
HB0401_1.pdf: 61-8-370
HB0401_2.pdf: 61-8-370
HB0401_X.pdf: 61-8-370
Amended: 61-8-370
Introduced: 61-8-370